Former prep school student convicted of sexual assault seeks new trial

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Updated: 6:31 PM EST Feb 21, 2017

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WEBVTT THEIR KLEIN AND AS A RESULT AGREAT INJUSTICE WAS DONE.ATTORNEY JAY RANCOURT TESTIFIEDTHAT BACK IN 2015, SHE THOUGHTSHE WAS BEING HARD TO PLAY ASIGNIFICANT ROLE IN THE DEFENSEOF OWEN LABRIE.THE FORMER ST. PAUL'S PREPSCHOOL STUDENT WHO WAS ACCUSEDOF SEXUALLY ASSAULTING AFRESHMAN GIRL ON CAMPUS.BUT RANCOURT TESTIFIED TODAYTHAT SHE WAS ASKED TO VIRTUALLYDO NOTHING, BY LABRIE'S OUT OFSTATE LEGAL TEAM.RANCOURT SAYS SHE HAD CONCERNSABOUT THE CASE, WHICH ALL CAMETO A HEAD WHEN SHE SAT IN ON AMEETING BETWEEN A DEFENSE D.N.A.EXPERT AND LABRIE'S LEAD LAWYER,WHO SHE FELT WAS UNPREPARED.>> THAT WAS POSSIBLY THE MOSTTERRIFYING MOMENT OF MY LEGALCAREER.I WAS SITTING IN THAT ROOMTHINKING, I'M GOING TO HAVE TOGO IN THAT COURTROOM ANDINTERRUPT THIS TRIAL AND STEP INAND SAY I CAN'T LET IT GO ON.REPORTER: LABRIE IS SEEKING ANEW TRIAL DUE TO INEFFECTIVEASSISTANCE OF OF COUNSEL.HE WAS CONVICTED OF MISDEMEANORSEXUAL ASSAULT, ENDANGERING THEWELFARE OF A CHILD AND A FELONYCOUNT OF CERTAIN USES OFCOMPUTER SERVICES PROHIBITED.STATING THAT LABRIE USED THEINTERNET TO LURE THE VICTIM INTOA SEXUAL ENCOUNTER.RANCOURT TESTIFIED THAT AMONGOTHER THINGS, SHE FELT LABRIE'SDEFENSE TEAM DIDN'T ADEQUATELYFIGHT THE COMPUTER CHARGE, WHICHREQUIRES HIM TO REGISTER AS ASEX OFFENDER FOR LIFE.BUT UNDER CROSS-EXAMINATION,PROSECUTORS POINTED OUT THATRANCOURT REPRESENT LABRIE ANDHIS APPEAL TO THE SUPREME COURT.AND IS PERSONALLY INTERESTED INTHE OUTCOME OF THIS HEARING.>> I WOULD SAY I REMAIN LOYAL TOTHE FACTS AND THE TRUTH.>> IS IT FAIR TO SAY THAT YOUWOULD LIKE TO SEE HIM PREVAIL ONTHIS MOTION FOR A NEW TRIAL?>> I THINK A GREAT INJUSTICE WASDONE, SO I WOULD LIKE TOMPREVAIL, YES.REPORTER: DEFENSE LAWYERS AREALSO CHALLENGING WEATHER THECOMPUTER STATUTE APPLIES HERESINCE STUDENT E-MAILS ON CAMPUSARE IN A CLOSED SYSTEM, NOT ONTHE INTERNET.TESTIMONY IN THIS CASE WILL

Labrie attorney testifies about concerns she had during trial

Former prep school student convicted of sexual assault seeks new trial

Lawyers for a former prep school student who was convicted of sexually assaulting a younger classmate wrapped up their first day of testimony Tuesday in a hearing to determine whether he deserves a new trial.

Owen Labrie was convicted of several charges connected to the assault of a 15-year-old girl who was a fellow student at St. Paul's School. He is claiming that he had ineffective counsel and should get a new trial.

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Attorney Jaye Rancourt testified that in 2015, she thought she was being hired to play a significant role in Labrie's defense. But Rancourt said she was asked to do almost nothing by Labrie's out-of-state legal team.

Rancourt said she had concerns about the case that came to a head when she sat in on a meeting between a defense DNA expert and Labrie's lead lawyer, who she believed was unprepared.

"That was possibly the most terrifying moment of my legal career," Rancourt said. "I was sitting in that room thinking, 'I'm going to have to go in that courtroom and interrupt this trial and step in and say I can't let it go on,'" Rancourt said.

Labrie was convicted of misdemeanor sexual assault, endangering the welfare of a child and a felony count of certain uses of computer services prohibited, which referred to using the internet to lure the victim into a sexual encounter.

Rancourt testified that among other things, she believed that Labrie's defense team didn't adequately fight the computer charge, which requires him to register as a sex offender for life.

Under cross-examination, prosecutors pointed out that Rancourt represents Labrie in his appeal to the state Supreme Court and is personally interested in the outcome of the hearing.

"I would say I remain loyal to the facts, the truth," Rancourt said. "I think a great injustice was done, so I would like him to prevail, yes."

Defense lawyers are also challenging whether the computer statute applies because student emails at the school are on a closed system, not on the internet.